Posts Tagged ‘workers compensation’
Maddox v. TRAA Corp. | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION
Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark Maddox v. TRAA Corp., App. Div. (per curiam) (7 pp.) In this case the court ordered the employer to pay TDB payments and provide medical treatment for what the court determined after trial was (a) shock exacerbated Maddox’s cervical problem such that surgery was required. The…
Read MoreSOCIAL SERVICES LAW | WORKERS’ COMPENSATION | ATTORNEY FEES
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark 62-2-3970 Patel v. Showboat Casino, App. Div. (per curiam) (6 pp.) Petitioner appeals a perceived inadequate fee award to his counsel on a motion for medical and temporary disability benefits in the Division of Workers’ Compensation. Because the fee awarded was in accord with applicable law…
Read MoreWorkers Compensation and Temp Agency Employees | Injured on the Job
Submitted by New Jersey Workers Comp Lawyer, Jeffrey Hark DANIEL HERNANDEZ, v. PORT LOGISTICS, a corporation Submitted April 8, 2014 – Decided April 30, 2014 The issue in this case is the relationship between a temp worker hired by a temp agency working at a location assigned to him by the employer. The temp worker is considered…
Read MoreThe Importance of Scientific Evidence in Workers’ Compensation | Yanecko v. Waste Management
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. 62-2-3403 Yanecko v. Waste Management, App. Div. (per curiam) (13 pp.) Plaintiff’s employer, Waste Management, appeals the Judge of Worker’s Compensation’s order finding that Yanecko suffered a compensable occupational injury leaving him 25% permanently partially disabled due to “orthopedic residuals of a chronic lumbosacral sprain with findings of disc herniation…
Read MoreNo Compensation for Worker Hurt Crossing Street From Company Lot
A worker hit by a car while crossing the street to her office from a garage where her employer provided parking was not injured on the job, the New Jersey Supreme Court says. Overturning a workers’ compensation award, the justices said the garage was not under the employer’s control, despite its renting of parking spaces…
Read MoreSOCIAL SERVICES LAW | WORKERS’ COMPENSATION
62-1-3344 Hersh v. County of Morris, Sup. Ct. (Fernandez-Vina, J.) (23 pp.) Because the County did not control the garage where Hersh parked, the route of ingress and egress from the parking garage to her office, or the public street where she was injured, and did not expose her to any special or additional hazards,…
Read MoreWorker’s Compensation: Who do the courts believe? | New Jersey Workers’ Compensation Fraud
The Workers’ Compensation Act (N.J.S.A. 34:15) is mandatory social legislation that is designed to balance concern over employee rights and health with financial burdens on employers. The act ensures employees will be paid when they are injured on the job and provided medical treatment and therapy until the employee is ‘cured’, regardless of fault. However,…
Read MoreWorkers Compensation Death Benefits for Common Law Marriages
In the recent appellate division case of Kehoe v. Ultralum the court outlined New Jersey worker compensation death benefits for common law marriages. The Judge of Compensation denied petitioner’s application for benefits as decedent’s surviving spouse under N.J.S.A. 34:15-13(f), because she was not lawfully married to decedent at the time of his death through a…
Read MoreBOBBIE KEHOE vs. ULTRALUM ENTERPRISES, INC. | Workers Compensation Appeal
In the recent appellate division case of Kehoe v. Ultralum the court outlined its limited ability to review and or overturn the workers compensation trial court’s decisions. “Our review of decisions made by a Judge of Compensation is limited. We must determine ‘whether the findings made could reasonably have been reached on sufficient credible evidence present…
Read MoreGraham v. The Port Authority of New York and New Jersey | Workers Comp and Determinations of Credibility
In the following statement from the appellate division a petitioner can read and review the exact standard (a) the appellate court employees to evaluate a workers compensations judge’s decision making process and how the appellate court must give deference to the judge of compensation’s determinations of credibility of the witnesses. It is a key standard of review that applies to many appellate reviews of trial…
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